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"W1nler2009
In General W.A.DYew£~
State Marl~s 10-YearMSA Anniversary
Henry honors Edmondson for historic victory over big tobacco
Governor Brad Henry proclaimed Nov. 23,
2008, "A Healthier Oklahoma Day," at a
ceremony marking the l G-vear anniversary of
the Master Settlement Agreement (MSA) with
the nation's largest tobacco manufacturers,
and he honored Attorney General Edmondson
for his role in negotiating the historic agree-ment.
The governor's proclamation, which was
read at the capitol ceremony by Gerald Ad-ams,
Chief of Staff for Governor Henry, offered
"gratitude to Attorney General Edmondson
for his leadership and vision on this critical
issue."
Edmondson and Adams were joined at the
ceremony by Dr. Robert McCaffree, Chief of
Staff at the Oklahoma VA Medical Center and
Tracey Strader, Executive Director of the Okla-homa
Tobacco Settlement Endowment Trust
(TSET).
The la-year anniversary of the MSA was
Nov. 23.
''The funding generated by the MSA is help-ing
make a positive difference in the lives of
Oklahomans," said Gov. Henry. "By directing
the proceeds to health care needs, particular-ly
smoking cessation efforts, we are making
our state healthier. I applaud Attorney Gen-eral
Drew Edmondson for the leadership role
Attorney General EdnlOndson participates in
a panel discussion regarding the 1998 Master
Settlement Agreement.
he has played in this important effort."
Edmondson was one of eight attorneys gen-eral
chosen to negotiate the settlement with
the nations's largest tobacco manufacturers
including R.J Reynolds, Phillip Morris, Loril-lard
and Brown and Williamson.
''This is a great, great milestone for the
State of Oklahoma," Edmondson said. "When
we first filed suit against the tobacco com-panies
in 1996, they had never lost a case in
court. They were thought to be invulnerable.
When the MSA was signed in 1998, it was met
with skepticism. The statistics tell the story
S~ MSA paje six
Pa..qe three- An execution dates is
scheduled for Shane Coffman's
killer.
llUide ~ Issae
PP.jefour- Barbette Hull pleads
guilty in Kiamichi case.
Pa..qe seven- Rinehart donor
Pelfrey pleads guilty.
In General
Drew's Views
A ~P.je t=the AttrJrney Cie1WraL
State's Consutner Protection Day Stresses Prevention
£ach year, thousands of Oklahomans
fall victim to the crime of identity theft
in one form or another. One of my goals as
attorney general has always been to pro-tect
consumers. We go after the bad guys.
We pursue cases when the evidence allows,
and we try to reach a just and swift resolu-tion.
When it comes to identity theft though,
the resolution is rarely swift, and justice is
often out of reach.
There are several problems with identity
theft prosecutions. First, by the very nature
of the crime, the perpetrators are anony-mous.
They aren't using their own names
to commit identity theft; they are using the
good names of other people. Secondly, the
Internet makes it easy for identity thieves
to remain anonymous. Identity theft is a
crime that can be committed by someone
from the comfort of their home computer,
and that computer may not be in Oklaho-ma
or even in this country.
None of these facts serve as comfort to
victims of identity theft. These consum-ers
must spend weeks, if not years, trying
to repair the damage done by this crime.
Credit accounts must be canceled. Credit
reports must be monitored. Reclamation
must begin immediately and be ongoing.
Once the damage is done, only diligence
can undo it.
That's why for the past five years, myof-fice
has hosted Consumer Protection Day
at the Capitol. This event brings together
law enforcement and consumer agencies
from across the state in an effort to stop
identity theft before it starts. The partici-pating
agencies share tips and information
with attendees, and Shred -It, an Oklahoma
City document destruction company, pro-vides
free document shredding. Since the
event's inception, consumers have shred-ded
more than 31 tons of personal and fi-nancial
documents to keep sensitive infor-mation
out of the hands of thieves ..
The event also recognizes a consumer
advocate who has worked to assist consum-ers
in the fight against fraud. This year, we
honored Judith Rice with the second-ever
Brad Edwards Consumer Champion Award.
Rice was nominated for her work at Legal
Aid Services.
By honoring advocates and educating
consumers, we are sending a message to
criminals -- that while the fight against fraud
may be an uphill battle, we are ready to
climb that mountain, one step at a time.
-2-
~nter 2009
Court Sets Execution Date for Cofflllan Killer
,...,..."eOklahoma Court of Criminal Appeals
1Feb. 27 set May 5, 2009, as the execution
date for Cleveland County death row inmate
Donald Gilson. Attorney General Edmondson
asked the cou rt to set the execution date af-ter
the U.S. Supreme Court denied Gilson's
fi nal appeal on Feb. 23.
Gilson was convicted and sentenced to be
executed for the 1995 beating death of his
girlfriend's son, eight-year-old Shane Coff-man.
Coffman's body was found in a freezer
behind Gilson's trailer in Newalla on Feb. 9,
1996. Investigators believe Coffman died
sometime around Aug. 17, 1995. A medical
examiner's report revealed Coffman suf-fered
acute fractures to his left jaw and right
cheek in addition to a cracked upper incisor
and fractures of the left collarbone, several
ribs, a shoulder, a leg and his spine.
Gilson would be the second inmate execut-ed
in Oklahoma this year.
]BS Calls off Merger after States, DO] Object
Attorney General Drew Edmondson Feb. more than 85 percent of the more than 27
20 said he is pleased that Brazilian meat million fed cattle sold.
company jBS has called off its proposed ac- "Beef cattle are an important and historic
quisition of National Beef Packing Company. thread in the fabric of Oklahoma's economy,"
Edmondson, the U.S. Department of justice Edmondson said. "The states and the federal
(DOj) and the attorneys general of 16 other government were concerned that this merg-beef
producing states opposed the acquisi- er would drive down the price of cattle at the
tion out of concern that the merger would sale barn and, at the same time, drive up the
significantly reduce competi- price of beef at the store."
tion in the beef industry. jBS "Bed cattle are an impor- According to the attorney
is the largest beef packer in tant and historic thread in general, Oklahoma is the fifth
the world, and Missouri-based the fabric of Oklahoma's largest cattle producing state
National is the nation's fourth- in the nation. In addition to
largest packer. economy." Oklahoma and the DOj, the
The states and DOj last Oc- -- Edmondson merger was originally op-tober
asked a federal court posed by the states of Colo-to
block the merger. Citing rado, Iowa, Kansas, Minneso-a
"fundamental restructuring of the United ta, Missouri, Montana, North Dakota, Ohio,
States beef packing industry" the filing al- Oregon, South Dakota, Texas and Wyoming.
leged the merger would eliminate competi- The following month, the states of Arizona,
tion in the industry by increasing jBS's share Connecticut, New Mexico and Mississippi
of packing capacity from almost 20 percent joined in opposition to the merger.
to about 35 percent. This filing came after "We examined this case for several months,"
Edmondson last May asked then-U.S. Attor- Edmondson said, "and we consulted with
ney General Michael Mukasey to review the feedlot owners, cattle producers and oth-merger.
ers about the merger's practical, economic
The states and DOj were concerned that a and legal implications. Our review deter-consolidation
of this type of market power mined the merger had the potential to nega-would
likely lessen competition and height- tively impact beef producers and consumers
en the possibility of collusion. In 2007, three alike."
companies,jBS, Tyson and Cargill, purchased
-3-
In General
Edlllondsons Receive Award for Justice Efforts
than $ 700,000 for the non-profit grou p.
"Access to our justice system should not be
limited to citizens who can afford to hire rep-resentation,"
Attorney General Edmondson
said. "Linda and I believe in Legal Aid Servic-es
and the access it provides to people who
might otherwise never have their day in court.
We are grateful for this honor, and will con-tinue
to work to equalize the scales of justice
for all."
Attorney General Drew Edmondson and his
wife, Linda Edmondson, received the Wil-liam
G. Paul Oklahoma Justice Award at the
Oklahoma Bar Association's (OBA) annual
conference Nov. 21 .
The award is given annually to a person or
persons who "greatly advances the cause of
Equal Justice for All." The Edmondsons were
recognized for their work on behalf of Legal
Aid Services, a non-profit organization that
provides free legal services for low income
and elderly Oklahomans in civil court mat-ters.
"Drew and Linda Edmondson stand for jus-tice
in the state of Oklahoma, and Legal Aid
is grateful to them for working throughout
2008 to improve access to the courts for low-income
and elderly Oklahomans," said Gary
A. Taylor, executive director of Legal Aid Ser-vices
of Oklahoma. "Legal Aid is indebted to
Drew and Linda Edmondson, and we congrat-ulate
them on receiving the OBA's William G.
Paul Oklahoma Justice Award."
The award is named for former American
Bar Association president Bill Paul, who suc-cessfully
led the state's first fundraising drive
on behalf of Legal Aid Services. The Edmond-sons
chaired the group's annual funding
drive, and together, they helped raise more
Attorney General Drew Edmondson and his wife,
Linda Edmondson
Hull Pleads Guilty in Kiarnichi Tech. Case
APoteau woman pleaded guilty in Oklaho- tor. Sutton was charged in October 2007 with
ma County District Court Dee. 3 to one one count of conspiracy against the state. A
misdemeanor count of conspiracy to make an trial date for Sutton has not been set.
illegal campaign contribution to a Kiamichi Sutton was previously convicted on two
school board member. counts of witness intimidation and sentenced
Barbette Hull was charged in December to a one-year sentence with six months incar-
2007 in conjunction with state's Multicounty ceration in the county jail and six months su-
Grand Jury investigation of the Kiamichi Tech- pervised probation. He also was ordered to
nology Center (KTC) in Poteau. pay a $1,000 fine in that case.
She was ordered to serve a one-year deferred Hull and Sutton were both charged after an
sentence and pay court costs in exchange investigation by the state's Eleventh Multi-for
her testimony in the state's ongoing case county Grand Jury.
against Davey Joe Sutton, KTC's former direc-
-4-
1\71nter2009
Poultry COIllpanies Flip-Flop on Ownership
"When it served them, the
poultry companies argued
that the state owns the
water within the Cherokee
Nation boundaries."
•. Edmondson
, L )Jen the City of Tulsa attempted to
VVhold the poultry companies respon-sible
for their pollution five years ago,
the poultry companies claimed the city
could not sue because the state, not the
city, owned the water. Three years after
the state filed suit, the companies now
claim the water belongs to the Chero-kee
Nation.
Citing the companies' previously held
position, the attorney general's office
Dee. 15 asked the court to deny the
poultry companies' Oct.
31 motion to dismiss the
state's lawsuit. The com-panies
motion argued
that the state does not
own the water it seeks to
protect.
According to the state,
the "Defendants unequiv-ocally
asserted in the City
of Tulsa litigation that
the State is the owner of
waters encompassed within the histori-cal
bounds of the Cherokee Nation."
"When it served them, the poultry com-panies
argued that the state owns the
water within Cherokee Nation boundar-ies,"
Attorney General Drew Edmondson
said. "Now that the state is attempting
to hold the companies responsible for
their mess, they claim the state does
not have an interest in protecting the
water because the water belongs to the
Cherokee Nation.
The state regulates water and other
resources in the Illinois River Watershed
through agencies including the Depart-ment
of Agriculture, the Department of
Environmental Quality and the Oklaho-ma
Water Resources Board.
'The state's interest in protecting
these resources is well established," Ed-mondson
said. "Ownership of the water
is not at issue in this litigation. What is
at issue is the poultry companies' con-tinued
degradation of a watershed that
is shared by thousands of people, Cher-okee
and otherwise, in eastern Oklaho-ma."
The state's response also finds "ex-traordinary
irony in the fact that the
polluters of the Watershed are now try-ing
to cast themselves as
champions of the Chero-kee
Nation's sovereignty
over the Watershed."
"This is not an attempt
by the poultry companies
to ride to the rescue of
the Cherokee Nation,"
Edmondson said. 'The
Cherokee Nation is one
of the largest and most
respected Indian tribes
in the country, and they are more than
capable of protecting their own inter-ests."
The companies' motion was filed
more than three years after the state
filed suit against the poultry companies
for allegedly polluting the Illinois River
Watershed.
"If the poultry companies truly be-lieved
the Cherokee Nation to be a nec-essary
party to this litigation, they would
have filed this motion three years ago,"
Edmondson said. "Instead, the compa-nies
continue their pattern of delay. We
want our day in court. It seems the com-panies
aren't as eager for that date to
arrive."
-5-
In General
AASAfr~~emu-------------------------------
though. The number of smokers is down, and
the number of smokers who want to quit is
up. From a public health standpoint, the suc-cess
of the MSA is irrefutable."
The most significant legal reform of the to-bacco
industry, the MSA imposes sweeping
changes in tobacco advertising, bans the to-bacco
companies from targeting children, al-locates
funding for tobacco education efforts
and provides the states annual payments
based on the number of cigarettes sold in the
country.
According to the u.s. Department of Agricul-ture,
U.S. consumption has declined by more
than 100 billion cigarettes over the past de-cade.
The decline is significant
because the U.S. Department
of Health and Human Services "We are most proud of the
estimates that 80 percent of decline in smoking among our
lung cancer deaths in women youth ••• Kids are hearing the
and 90 percent of lung cancer anti-tobacco message. We are
deaths in men can be attribut- seeing results."
ed to smoking.
According to the Oklahoma
Behavioral Risk Factor Surveil-lance
System the number of
adult smokers has fallen from 28.7 percent in
2001 to 25.2 percent in the first six months
of 2008.
''Tobacco is the number one preventable
cause of our greatest killers, such as cancer,
heart disease and stroke," said McCaffree. "The
MSA has served as a catalyst for the medical
community and anti-smoking advocates and
emboldened us in our efforts against tobacco
addiction."
Among kids, the decline is even more pro-nounced.
According to the Oklahoma Youth
Tobacco survey, in 1999, 33.5 percent of
Oklahoma high school students smoked, and
in 2007, that number had dropped to 23.4
percent.
"We are most proud of the decline in smok-ing
among our youth," Edmondson said. "The
MSA really changed the way the tobacco in-dustry
markets their products. Gone are the
days of cartoon Joe Camel and billboard to-bacco
ads. Instead, there is money dedicated
to countering the tobacco industry's mass
marketing. Kids are hearing the anti-tobacco
message. We are seeing results."
Additionally, the MSA provides a revenue
stream to help states offset the cost of treat-ing
smoking-related illnesses. Nationally,
payments from the MSA are projected to be
in excess of $206 billion over 25 years, and
payments will continue as long as cigarettes
are sold. To date, Oklahoma has received
$647,884,892.46.
Of the money received by
the state, $368,430,21 8.09
has been placed in the Okla-homa
Tobacco Settlement
Endowment Trust fund
(TSET), which was created
at Edmondson's urging by
a voter-approved constitu-tional
amendment in No-vember
2000. Only the in-terest
and dividend earnings
of the Trust may be spent, and the money
must be spent on programs to improve the
health of Oklahomans. In this fiscal year, the
endowment's investments earned the larg-est
amount of interest and earnings to date,
$15.5 million, which has been used for tobac-co
control programs.
Oklahoma is the only state to have constitu-tionally
protected its tobacco fund.
"In Oklahoma, as the earnings from the
endowment's investments have grown, the
board of directors has focused funding on ef-fective
programs to reduce tobacco use," said
Strader. "The board's first effort was to estab-lish
the Oklahoma Tobacco Helpline (1-800-
QUIT-NOW) which offers free 'quit coaching'
and nicotine patches and gum to any Okla-homan
with a desire to quit tobacco. Next,
-- Edmondson
fee MfA paje seven.
-6-
"WInter2009
Forlller Woodward County Sheriff Sentenced
rormer Woodward County Sheriff Leslie was also ordered to pay $878.66 restitu-
LMorton was sentenced Jan. 12 to a one- tion and pay court costs and fees.
year deferred sentence after pleading no "The restitution ordered will make the
contest to five counts of embezzlement county whole in terms of money lost to
in Woodward County District Court. Les Morton's alleged practices," said As-
Morton was charged with nine counts sistant Attorney General Joel-Iyn McCor-of
embezzlement in June 2008 after a mick. "This concludes the state's case
Woodward County grand jury investiga- against Les Morton."
tion found he was using his county-issued Morton was defeated in his 2008 bid for
vehicle and fuel card for personal use. He re-election.
Rinehart Donor Pleads Guilty
Aman accused in a scheme to fun- one-year deferred sentence and or-nel
illegal campaign contribu- dered to pay a $500 fine.
tions to an Oklahoma County com- Pelfrey, Rinehart, political con-missioner
pleaded guilty Dee. 16. sultant Tim Pope and two other
Walter Pelfrey pleaded guilty in contributors were charged in April
Oklahoma County District Court 2007 for their roles in a scheme
to one count of making excessive to move illegal campaign contribu-campaign
contributions to Okla- tions through Pope's political ac-homa
County Commissioner Brent tion committee to Rinehart's 2004
Rinehart. He was sentenced to a race for county commissioner.
MfAr=paje six ------------------
key community-based programs were funded
across the state to help communities prevent
tobacco use and addiction, reduce second-hand
smoke exposure and reduce tobacco in-dustry
influences in their communities.
"Earlier this year, the board of directors
has also been able to fund a statewide me-dia
campaign 'Tobacco Stops With Me' which
calls on all Oklahomans to take action to re-duce
the toll of tobacco in Oklahoma," said
Strader. "Additionally, the board provided
funding to establish the Oklahoma Tobacco
Research Center (OTRC). The OTRCwill trans-late
research to practice to help ensure that
programs funded to fight tobacco addiction
in Oklahoma remain among the most effec-tive
in the country."
Additionally, in 2008, the state received its
first "strategic contribution" payment, which
will be awarded annually over 10 years be-cause
of Edmondson's place at the negotiat-ing
table.
"The work that's been done over the last
10 years is really just a jumping off point for
us," Edmondson said. "Because of the way our
trust fund is set up, the money Oklahoma has
to spend on cessation programs and coun-ter-
marketing will steadily increase while the
money available to other states will steadily
decline. Ten years from now, \ hope we are a
state of non-smokers. I believe it is possible."
-7-
WInter 2009
Tulsa Doc Charged after Undercover Investigation
ATU Isa doctor was accu sed of drug d i- req uesti ng any patie nt records.
version Dee. 18 after a multi-agency During one office visit, an undercover
undercover operation found he dispensed agent asked Blake for Xanax and Adderall.
medications without medical When Blake asked if the agent had
need, Attorney General Edmond- ADHD the agent replied, "Sure,
son said. whatever that is." Blake wrote
Dr. George J. Blake was charged the agent prescriptions for both
in Tulsa County District Court with drugs.
one count of distributing a con- Edmondson's Patient Abuse
trolled and dangerous substance. and Medicaid Fraud Control Unit
The state alleges Blake prescribed investigated the case in conjunc-unnecessary
med ication s "not in tion with the Oklahoma Bureau of
good faith and outside the course Narcotics and Dangerous Drugs,
of professional practice." Don Brown Drug Enforcement Agency, Fed-
Chief, PAMFCU According to the state's com- eral Bureau of Investigation, De-plaint,
Blake prescribed controlled partment of Health and Human
substances to undercover agents during Services Office of Inspector General and
numerous office visits without conduct- Tulsa Police Department.
ing any type of physical examination or
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"W1nler2009
In General W.A.DYew£~
State Marl~s 10-YearMSA Anniversary
Henry honors Edmondson for historic victory over big tobacco
Governor Brad Henry proclaimed Nov. 23,
2008, "A Healthier Oklahoma Day," at a
ceremony marking the l G-vear anniversary of
the Master Settlement Agreement (MSA) with
the nation's largest tobacco manufacturers,
and he honored Attorney General Edmondson
for his role in negotiating the historic agree-ment.
The governor's proclamation, which was
read at the capitol ceremony by Gerald Ad-ams,
Chief of Staff for Governor Henry, offered
"gratitude to Attorney General Edmondson
for his leadership and vision on this critical
issue."
Edmondson and Adams were joined at the
ceremony by Dr. Robert McCaffree, Chief of
Staff at the Oklahoma VA Medical Center and
Tracey Strader, Executive Director of the Okla-homa
Tobacco Settlement Endowment Trust
(TSET).
The la-year anniversary of the MSA was
Nov. 23.
''The funding generated by the MSA is help-ing
make a positive difference in the lives of
Oklahomans," said Gov. Henry. "By directing
the proceeds to health care needs, particular-ly
smoking cessation efforts, we are making
our state healthier. I applaud Attorney Gen-eral
Drew Edmondson for the leadership role
Attorney General EdnlOndson participates in
a panel discussion regarding the 1998 Master
Settlement Agreement.
he has played in this important effort."
Edmondson was one of eight attorneys gen-eral
chosen to negotiate the settlement with
the nations's largest tobacco manufacturers
including R.J Reynolds, Phillip Morris, Loril-lard
and Brown and Williamson.
''This is a great, great milestone for the
State of Oklahoma," Edmondson said. "When
we first filed suit against the tobacco com-panies
in 1996, they had never lost a case in
court. They were thought to be invulnerable.
When the MSA was signed in 1998, it was met
with skepticism. The statistics tell the story
S~ MSA paje six
Pa..qe three- An execution dates is
scheduled for Shane Coffman's
killer.
llUide ~ Issae
PP.jefour- Barbette Hull pleads
guilty in Kiamichi case.
Pa..qe seven- Rinehart donor
Pelfrey pleads guilty.
In General
Drew's Views
A ~P.je t=the AttrJrney Cie1WraL
State's Consutner Protection Day Stresses Prevention
£ach year, thousands of Oklahomans
fall victim to the crime of identity theft
in one form or another. One of my goals as
attorney general has always been to pro-tect
consumers. We go after the bad guys.
We pursue cases when the evidence allows,
and we try to reach a just and swift resolu-tion.
When it comes to identity theft though,
the resolution is rarely swift, and justice is
often out of reach.
There are several problems with identity
theft prosecutions. First, by the very nature
of the crime, the perpetrators are anony-mous.
They aren't using their own names
to commit identity theft; they are using the
good names of other people. Secondly, the
Internet makes it easy for identity thieves
to remain anonymous. Identity theft is a
crime that can be committed by someone
from the comfort of their home computer,
and that computer may not be in Oklaho-ma
or even in this country.
None of these facts serve as comfort to
victims of identity theft. These consum-ers
must spend weeks, if not years, trying
to repair the damage done by this crime.
Credit accounts must be canceled. Credit
reports must be monitored. Reclamation
must begin immediately and be ongoing.
Once the damage is done, only diligence
can undo it.
That's why for the past five years, myof-fice
has hosted Consumer Protection Day
at the Capitol. This event brings together
law enforcement and consumer agencies
from across the state in an effort to stop
identity theft before it starts. The partici-pating
agencies share tips and information
with attendees, and Shred -It, an Oklahoma
City document destruction company, pro-vides
free document shredding. Since the
event's inception, consumers have shred-ded
more than 31 tons of personal and fi-nancial
documents to keep sensitive infor-mation
out of the hands of thieves ..
The event also recognizes a consumer
advocate who has worked to assist consum-ers
in the fight against fraud. This year, we
honored Judith Rice with the second-ever
Brad Edwards Consumer Champion Award.
Rice was nominated for her work at Legal
Aid Services.
By honoring advocates and educating
consumers, we are sending a message to
criminals -- that while the fight against fraud
may be an uphill battle, we are ready to
climb that mountain, one step at a time.
-2-
~nter 2009
Court Sets Execution Date for Cofflllan Killer
,...,..."eOklahoma Court of Criminal Appeals
1Feb. 27 set May 5, 2009, as the execution
date for Cleveland County death row inmate
Donald Gilson. Attorney General Edmondson
asked the cou rt to set the execution date af-ter
the U.S. Supreme Court denied Gilson's
fi nal appeal on Feb. 23.
Gilson was convicted and sentenced to be
executed for the 1995 beating death of his
girlfriend's son, eight-year-old Shane Coff-man.
Coffman's body was found in a freezer
behind Gilson's trailer in Newalla on Feb. 9,
1996. Investigators believe Coffman died
sometime around Aug. 17, 1995. A medical
examiner's report revealed Coffman suf-fered
acute fractures to his left jaw and right
cheek in addition to a cracked upper incisor
and fractures of the left collarbone, several
ribs, a shoulder, a leg and his spine.
Gilson would be the second inmate execut-ed
in Oklahoma this year.
]BS Calls off Merger after States, DO] Object
Attorney General Drew Edmondson Feb. more than 85 percent of the more than 27
20 said he is pleased that Brazilian meat million fed cattle sold.
company jBS has called off its proposed ac- "Beef cattle are an important and historic
quisition of National Beef Packing Company. thread in the fabric of Oklahoma's economy,"
Edmondson, the U.S. Department of justice Edmondson said. "The states and the federal
(DOj) and the attorneys general of 16 other government were concerned that this merg-beef
producing states opposed the acquisi- er would drive down the price of cattle at the
tion out of concern that the merger would sale barn and, at the same time, drive up the
significantly reduce competi- price of beef at the store."
tion in the beef industry. jBS "Bed cattle are an impor- According to the attorney
is the largest beef packer in tant and historic thread in general, Oklahoma is the fifth
the world, and Missouri-based the fabric of Oklahoma's largest cattle producing state
National is the nation's fourth- in the nation. In addition to
largest packer. economy." Oklahoma and the DOj, the
The states and DOj last Oc- -- Edmondson merger was originally op-tober
asked a federal court posed by the states of Colo-to
block the merger. Citing rado, Iowa, Kansas, Minneso-a
"fundamental restructuring of the United ta, Missouri, Montana, North Dakota, Ohio,
States beef packing industry" the filing al- Oregon, South Dakota, Texas and Wyoming.
leged the merger would eliminate competi- The following month, the states of Arizona,
tion in the industry by increasing jBS's share Connecticut, New Mexico and Mississippi
of packing capacity from almost 20 percent joined in opposition to the merger.
to about 35 percent. This filing came after "We examined this case for several months,"
Edmondson last May asked then-U.S. Attor- Edmondson said, "and we consulted with
ney General Michael Mukasey to review the feedlot owners, cattle producers and oth-merger.
ers about the merger's practical, economic
The states and DOj were concerned that a and legal implications. Our review deter-consolidation
of this type of market power mined the merger had the potential to nega-would
likely lessen competition and height- tively impact beef producers and consumers
en the possibility of collusion. In 2007, three alike."
companies,jBS, Tyson and Cargill, purchased
-3-
In General
Edlllondsons Receive Award for Justice Efforts
than $ 700,000 for the non-profit grou p.
"Access to our justice system should not be
limited to citizens who can afford to hire rep-resentation,"
Attorney General Edmondson
said. "Linda and I believe in Legal Aid Servic-es
and the access it provides to people who
might otherwise never have their day in court.
We are grateful for this honor, and will con-tinue
to work to equalize the scales of justice
for all."
Attorney General Drew Edmondson and his
wife, Linda Edmondson, received the Wil-liam
G. Paul Oklahoma Justice Award at the
Oklahoma Bar Association's (OBA) annual
conference Nov. 21 .
The award is given annually to a person or
persons who "greatly advances the cause of
Equal Justice for All." The Edmondsons were
recognized for their work on behalf of Legal
Aid Services, a non-profit organization that
provides free legal services for low income
and elderly Oklahomans in civil court mat-ters.
"Drew and Linda Edmondson stand for jus-tice
in the state of Oklahoma, and Legal Aid
is grateful to them for working throughout
2008 to improve access to the courts for low-income
and elderly Oklahomans," said Gary
A. Taylor, executive director of Legal Aid Ser-vices
of Oklahoma. "Legal Aid is indebted to
Drew and Linda Edmondson, and we congrat-ulate
them on receiving the OBA's William G.
Paul Oklahoma Justice Award."
The award is named for former American
Bar Association president Bill Paul, who suc-cessfully
led the state's first fundraising drive
on behalf of Legal Aid Services. The Edmond-sons
chaired the group's annual funding
drive, and together, they helped raise more
Attorney General Drew Edmondson and his wife,
Linda Edmondson
Hull Pleads Guilty in Kiarnichi Tech. Case
APoteau woman pleaded guilty in Oklaho- tor. Sutton was charged in October 2007 with
ma County District Court Dee. 3 to one one count of conspiracy against the state. A
misdemeanor count of conspiracy to make an trial date for Sutton has not been set.
illegal campaign contribution to a Kiamichi Sutton was previously convicted on two
school board member. counts of witness intimidation and sentenced
Barbette Hull was charged in December to a one-year sentence with six months incar-
2007 in conjunction with state's Multicounty ceration in the county jail and six months su-
Grand Jury investigation of the Kiamichi Tech- pervised probation. He also was ordered to
nology Center (KTC) in Poteau. pay a $1,000 fine in that case.
She was ordered to serve a one-year deferred Hull and Sutton were both charged after an
sentence and pay court costs in exchange investigation by the state's Eleventh Multi-for
her testimony in the state's ongoing case county Grand Jury.
against Davey Joe Sutton, KTC's former direc-
-4-
1\71nter2009
Poultry COIllpanies Flip-Flop on Ownership
"When it served them, the
poultry companies argued
that the state owns the
water within the Cherokee
Nation boundaries."
•. Edmondson
, L )Jen the City of Tulsa attempted to
VVhold the poultry companies respon-sible
for their pollution five years ago,
the poultry companies claimed the city
could not sue because the state, not the
city, owned the water. Three years after
the state filed suit, the companies now
claim the water belongs to the Chero-kee
Nation.
Citing the companies' previously held
position, the attorney general's office
Dee. 15 asked the court to deny the
poultry companies' Oct.
31 motion to dismiss the
state's lawsuit. The com-panies
motion argued
that the state does not
own the water it seeks to
protect.
According to the state,
the "Defendants unequiv-ocally
asserted in the City
of Tulsa litigation that
the State is the owner of
waters encompassed within the histori-cal
bounds of the Cherokee Nation."
"When it served them, the poultry com-panies
argued that the state owns the
water within Cherokee Nation boundar-ies,"
Attorney General Drew Edmondson
said. "Now that the state is attempting
to hold the companies responsible for
their mess, they claim the state does
not have an interest in protecting the
water because the water belongs to the
Cherokee Nation.
The state regulates water and other
resources in the Illinois River Watershed
through agencies including the Depart-ment
of Agriculture, the Department of
Environmental Quality and the Oklaho-ma
Water Resources Board.
'The state's interest in protecting
these resources is well established," Ed-mondson
said. "Ownership of the water
is not at issue in this litigation. What is
at issue is the poultry companies' con-tinued
degradation of a watershed that
is shared by thousands of people, Cher-okee
and otherwise, in eastern Oklaho-ma."
The state's response also finds "ex-traordinary
irony in the fact that the
polluters of the Watershed are now try-ing
to cast themselves as
champions of the Chero-kee
Nation's sovereignty
over the Watershed."
"This is not an attempt
by the poultry companies
to ride to the rescue of
the Cherokee Nation,"
Edmondson said. 'The
Cherokee Nation is one
of the largest and most
respected Indian tribes
in the country, and they are more than
capable of protecting their own inter-ests."
The companies' motion was filed
more than three years after the state
filed suit against the poultry companies
for allegedly polluting the Illinois River
Watershed.
"If the poultry companies truly be-lieved
the Cherokee Nation to be a nec-essary
party to this litigation, they would
have filed this motion three years ago,"
Edmondson said. "Instead, the compa-nies
continue their pattern of delay. We
want our day in court. It seems the com-panies
aren't as eager for that date to
arrive."
-5-
In General
AASAfr~~emu-------------------------------
though. The number of smokers is down, and
the number of smokers who want to quit is
up. From a public health standpoint, the suc-cess
of the MSA is irrefutable."
The most significant legal reform of the to-bacco
industry, the MSA imposes sweeping
changes in tobacco advertising, bans the to-bacco
companies from targeting children, al-locates
funding for tobacco education efforts
and provides the states annual payments
based on the number of cigarettes sold in the
country.
According to the u.s. Department of Agricul-ture,
U.S. consumption has declined by more
than 100 billion cigarettes over the past de-cade.
The decline is significant
because the U.S. Department
of Health and Human Services "We are most proud of the
estimates that 80 percent of decline in smoking among our
lung cancer deaths in women youth ••• Kids are hearing the
and 90 percent of lung cancer anti-tobacco message. We are
deaths in men can be attribut- seeing results."
ed to smoking.
According to the Oklahoma
Behavioral Risk Factor Surveil-lance
System the number of
adult smokers has fallen from 28.7 percent in
2001 to 25.2 percent in the first six months
of 2008.
''Tobacco is the number one preventable
cause of our greatest killers, such as cancer,
heart disease and stroke," said McCaffree. "The
MSA has served as a catalyst for the medical
community and anti-smoking advocates and
emboldened us in our efforts against tobacco
addiction."
Among kids, the decline is even more pro-nounced.
According to the Oklahoma Youth
Tobacco survey, in 1999, 33.5 percent of
Oklahoma high school students smoked, and
in 2007, that number had dropped to 23.4
percent.
"We are most proud of the decline in smok-ing
among our youth," Edmondson said. "The
MSA really changed the way the tobacco in-dustry
markets their products. Gone are the
days of cartoon Joe Camel and billboard to-bacco
ads. Instead, there is money dedicated
to countering the tobacco industry's mass
marketing. Kids are hearing the anti-tobacco
message. We are seeing results."
Additionally, the MSA provides a revenue
stream to help states offset the cost of treat-ing
smoking-related illnesses. Nationally,
payments from the MSA are projected to be
in excess of $206 billion over 25 years, and
payments will continue as long as cigarettes
are sold. To date, Oklahoma has received
$647,884,892.46.
Of the money received by
the state, $368,430,21 8.09
has been placed in the Okla-homa
Tobacco Settlement
Endowment Trust fund
(TSET), which was created
at Edmondson's urging by
a voter-approved constitu-tional
amendment in No-vember
2000. Only the in-terest
and dividend earnings
of the Trust may be spent, and the money
must be spent on programs to improve the
health of Oklahomans. In this fiscal year, the
endowment's investments earned the larg-est
amount of interest and earnings to date,
$15.5 million, which has been used for tobac-co
control programs.
Oklahoma is the only state to have constitu-tionally
protected its tobacco fund.
"In Oklahoma, as the earnings from the
endowment's investments have grown, the
board of directors has focused funding on ef-fective
programs to reduce tobacco use," said
Strader. "The board's first effort was to estab-lish
the Oklahoma Tobacco Helpline (1-800-
QUIT-NOW) which offers free 'quit coaching'
and nicotine patches and gum to any Okla-homan
with a desire to quit tobacco. Next,
-- Edmondson
fee MfA paje seven.
-6-
"WInter2009
Forlller Woodward County Sheriff Sentenced
rormer Woodward County Sheriff Leslie was also ordered to pay $878.66 restitu-
LMorton was sentenced Jan. 12 to a one- tion and pay court costs and fees.
year deferred sentence after pleading no "The restitution ordered will make the
contest to five counts of embezzlement county whole in terms of money lost to
in Woodward County District Court. Les Morton's alleged practices," said As-
Morton was charged with nine counts sistant Attorney General Joel-Iyn McCor-of
embezzlement in June 2008 after a mick. "This concludes the state's case
Woodward County grand jury investiga- against Les Morton."
tion found he was using his county-issued Morton was defeated in his 2008 bid for
vehicle and fuel card for personal use. He re-election.
Rinehart Donor Pleads Guilty
Aman accused in a scheme to fun- one-year deferred sentence and or-nel
illegal campaign contribu- dered to pay a $500 fine.
tions to an Oklahoma County com- Pelfrey, Rinehart, political con-missioner
pleaded guilty Dee. 16. sultant Tim Pope and two other
Walter Pelfrey pleaded guilty in contributors were charged in April
Oklahoma County District Court 2007 for their roles in a scheme
to one count of making excessive to move illegal campaign contribu-campaign
contributions to Okla- tions through Pope's political ac-homa
County Commissioner Brent tion committee to Rinehart's 2004
Rinehart. He was sentenced to a race for county commissioner.
MfAr=paje six ------------------
key community-based programs were funded
across the state to help communities prevent
tobacco use and addiction, reduce second-hand
smoke exposure and reduce tobacco in-dustry
influences in their communities.
"Earlier this year, the board of directors
has also been able to fund a statewide me-dia
campaign 'Tobacco Stops With Me' which
calls on all Oklahomans to take action to re-duce
the toll of tobacco in Oklahoma," said
Strader. "Additionally, the board provided
funding to establish the Oklahoma Tobacco
Research Center (OTRC). The OTRCwill trans-late
research to practice to help ensure that
programs funded to fight tobacco addiction
in Oklahoma remain among the most effec-tive
in the country."
Additionally, in 2008, the state received its
first "strategic contribution" payment, which
will be awarded annually over 10 years be-cause
of Edmondson's place at the negotiat-ing
table.
"The work that's been done over the last
10 years is really just a jumping off point for
us," Edmondson said. "Because of the way our
trust fund is set up, the money Oklahoma has
to spend on cessation programs and coun-ter-
marketing will steadily increase while the
money available to other states will steadily
decline. Ten years from now, \ hope we are a
state of non-smokers. I believe it is possible."
-7-
WInter 2009
Tulsa Doc Charged after Undercover Investigation
ATU Isa doctor was accu sed of drug d i- req uesti ng any patie nt records.
version Dee. 18 after a multi-agency During one office visit, an undercover
undercover operation found he dispensed agent asked Blake for Xanax and Adderall.
medications without medical When Blake asked if the agent had
need, Attorney General Edmond- ADHD the agent replied, "Sure,
son said. whatever that is." Blake wrote
Dr. George J. Blake was charged the agent prescriptions for both
in Tulsa County District Court with drugs.
one count of distributing a con- Edmondson's Patient Abuse
trolled and dangerous substance. and Medicaid Fraud Control Unit
The state alleges Blake prescribed investigated the case in conjunc-unnecessary
med ication s "not in tion with the Oklahoma Bureau of
good faith and outside the course Narcotics and Dangerous Drugs,
of professional practice." Don Brown Drug Enforcement Agency, Fed-
Chief, PAMFCU According to the state's com- eral Bureau of Investigation, De-plaint,
Blake prescribed controlled partment of Health and Human
substances to undercover agents during Services Office of Inspector General and
numerous office visits without conduct- Tulsa Police Department.
ing any type of physical examination or
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